A. Since the Defendant was employed as the team leader of the Plaintiff Company B on April 13, 201 and started work as the team leader of the Plaintiff Company B, and was not aware of the reproduction of the Plaintiff Company’s website due to the lack of participation in the production of the said Company’s website, the Defendant did not commit the instant copyright violation and did not intend to do so.

B. In light of the fact that the defendant merely managed the website of the company as an employee of the company and experienced living conditions due to the closure of the company, etc., the punishment of the first instance court (one million won of fine) is too unreasonable.

2. Determination

A. The following facts are acknowledged based on the evidence duly adopted and investigated by the first instance court on the assertion of mistake of facts: ① the Defendant entered the Co-Defendant B (hereinafter “Co-Defendant B”) in around 2007 and began to work in fact from that time; around April 201, the victim Co-Defendant 2 came to know of the same content as that of the self-defendant’s website; ② the representative director of the company at the time of filing a complaint with the content certification; ② the Defendant was in charge of managing and operating the website; ② the labor contract was prepared on April 13, 201 between the Defendant and Co-Defendant 1 in light of the Defendant’s statement at the police, the Defendant was merely prepared for the so-called so-called “four insurance”; ② the Defendant appears to have been managing and operating the Co-Defendant’s homepage prior to that of this case; ③ the contents of the Korean Co-Defendant 1’s work provided by the Co-Defendant 2 on his own website and the contents of the Korean Co-Defendant 1’s work provided by the first instance court.